State v. Schroeder
State v. Schroeder, 2023 UT App 57 (Orme, J.)
Michael Schroeder was convicted of three protective order violations and one charge of criminal stalking after a series of incidents involving a woman named Samantha. Schroeder appealed these convictions, arguing that there was insufficient evidence to establish his guilt. The Utah Court of Appeals affirmed some convictions and reversed others, holding:
- Sufficient evidence supported Schroeder’s convictions for violations of a protective order.
- Insufficient evidence supported Schroeder’s stalking conviction, because that charge relied on only one instance of stalking and the stalking statute requires a “course of conduct” comprising two or more acts.
- Practice Tip: A sufficiency of the evidence claim is effectively preserved by the nature of a bench trial and does not require making a specific motion post-trial.